SSINS No.: 6835
IN 86-54
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF INSPECTION AND ENFORCEMENT
WASHINGTON, D.C. 20555
June 27, 1986
Information Notice No. 86-54: CRIMINAL PROSECUTION OF A FORMER
RADIATION SAFETY OFFICER WHO WILLFULLY
DIRECTED AN UNQUALIFIED INDIVIDUAL TO
PERFORM RADIOGRAPHY
Addressees:
All holders of an NRC license authorizing the possession of byproduct,
source, or special nuclear material.
Purpose:
This notice is provided to alert recipients and their employees of criminal
prosecution that can result for directing unqualified personnel to perform
licensed activities and making material false statements to the NRC. It is
expected that recipients will review this notice and disseminate it to all
of their employees. The NRC further suggests that recipients remind their
employees that not only are licensees subject to civil enforcement action
for violations of NRC requirements, but individuals who intentionally
violate these requirements may also be subject to criminal prosecution.
However, suggestions contained in this information notice do not constitute
NRC requirements; therefore, no specific action or written response is
required.
Description of Circumstances:
During an interview conducted by the NRC's Office of Investigations (OI) on
May 15, 1984, the former District Manager and Radiation Safety Officer of
the Pittsburgh Testing Laboratories (PTL), Cleveland, Ohio, office admitted
that he had allowed an unqualified individual to perform radiography.
Further, he admitted that he was not truthful with an NRC inspector in
August 1984, when questioned regarding the use of unqualified individuals.
As a result, on May 24, 1984, the NRC issued an Order to PTL removing this
individual from all licensed activities. Subsequently, the case was referred
to the Department of Justice and on February 19, 1986, the U.S. District
Judge in the Eastern Division of the Northern District of Ohio accepted the
individual's guilty plea of deliberate violation of NRC requirements and
fined the individual $2,500. Further, PTL also pleaded guilty to deliberate
violations and making a material false statement to the NRC. As a result,
PTL was fined $15,000 by the Court. Subsequent to the Court's action, the
NRC issued a proposed $58,000 civil penalty to PTL on April 17, 1986.
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IN 86-54
June 27, 1986
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Discussion:
Licensees have the responsibility to ensure the safe performance of licensed
activities. In so doing, licensees must not only use trained individuals and
provide adequate procedures, but must also exercise supervision over their
employees to ensure adherence to procedures and NRC requirements. Violations
of NRC requirements caused by inattention to detail or human error are
unacceptable to the NRC and may result in civil enforcement action. However,
violations caused by intentional acts also may subject corporations and the
individual wrongdoers to criminal prosecution. The criminal sanctions
available may include a prison sentence, as has occurred previously
(Reference: Information Notice No. 85-97, copy attached), or may include a
criminal fine as occurred in this case.
No specific action or written response is required by this information
notice. If you have any questions about this matter, please contact the
Regional Administrator of the appropriate NRC regional office, or this
office.
James G. Partlow, Director
Division of Inspection Programs
Office of Inspection and Enforcement
Technical Contact: J. R. Metzger, IE
(301) 492-4947
Attachments: 1. IE Information Notices
2. List of Recently Issued IE Information Notices